Marc A. Mandelman, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “5 Tips to Craft a Weather Policy That Avoids a Legal Storm,” by Aaron Vehling. (Read the full version – subscription required.)
Following is an excerpt:
During a major storm, a government could declare a state of emergency — for which there can be various degrees of severity, depending on the jurisdiction — and if an employer still requires employees to come to work and an employee crashes his car because of the conditions, the employer might have to pay out, according to management-side attorney Marc Mandelman of Epstein Becker Green.
"The employee shouldn't have been on the road because of the state of emergency, but because the employer directed it, the employee feared losing their job," he said.
If the employee is injured, the injury might not be covered by workers' compensation insurance, "which would allow the employee to sue the employer," Mandelman said.
